February 22, 2009

Nearly half of Luzerne cases lacked representationFor years, Luzerne County Judge Mark A. Ciavarella Jr. denied juvenile defendants their rights, imprisoned them over the recommendations of probation officers and took millions in kickbacks from the co-owner of two juvenile detention centers that earned nearly $30 million with his help...

Interviews and court documents portray Judge Ciavarella’s courtroom as a place where the outcome of cases was decided well before a hearing. Judge Ciavarella pressured court staff to recommend detention, even in cases where staffers believed detention wasn’t warranted, federal prosecutors allege...

Michael Kunkel's work was done. For the moment... His hearing before the Minnesota Court of Appeals, including rapid-fire, rugged questioning from the three justices, was over. But his day was not. Kunkel, 29, was gathering his belongings for a parole hearing in Anoka County 25 miles (away). He has another 30 or so cases on his desk back at the State Public Defender's Office...

Just so happens Kunkel's venue today was Courtroom 200 of the Minnesota Judicial Center. It's directly beneath Courtroom 300, the daily venue for the Norm Coleman - Al Franken recount trial. Same building, different stage. Same justice system, different approach. Same profession, different league... ..It may seem a stretch to juxtapose the Franken - Coleman trial, its high-powered lawyers and its absentee ballots with Kunkel and his indigent sex offender client who needs a public defender to assist him...

In this case it is a stretch. Perhaps my days in the two-tier system have drained my outrage, but I'm not offended that in a close U.S. Senate race with national implications, the suits have taken over one courtroom. Besides, it provides an opportunity for curious reporters to take the elevator down to the depths where we work, and to bring back stories of the routine inequities that they find.

February 12, 2009

(O)n Thursday... (J)udge, Mark A. Ciavarella Jr., and a colleague, Michael T. Conahan, appeared in federal court in Scranton, Pa., to plead guilty to wire fraud and income tax fraud for taking more than $2.6 million in kickbacks to send teenagers to two privately run youth detention centers... While prosecutors say that Judge Conahan, 56, secured contracts for the two centers to house juvenile offenders, Judge Ciavarella, 58, was the one who carried out the sentencing to keep the centers filled.

“In my entire career, I’ve never heard of anything remotely approaching this,” said Senior Judge Arthur E. Grim, who was appointed by the State Supreme Court this week to determine what should be done with the estimated 5,000 juveniles who have been sentenced by Judge Ciavarella since the scheme started in 2003.

Many of them were first-time offenders and some remain in detention. The case has shocked Luzerne County... And it raised concerns about whether juveniles should be required to have counsel either before or during their appearances in court and whether juvenile courts should be open to the public or child advocates...

The defense has filed a motion seeking to keep off Riqo Perea's jury any members of The Church of Jesus Christ of Latter-day Saints who adhere to the church's past teachings of blood atonement.

Such jurors would be much more likely to vote for an execution, according to the motion filed in 2nd District Court, where Perea faces the death penalty in a 2007 gang homicide. "Utah's population contains a significant percentage of members of one religion ... members of the LDS Church make up an estimated 60.4 percent of the state's population," reads the motion...

Spring Towry said she got to the school... just in time to see 54-pound Evelyn - who was diagnosed at age 5 with Asperger's Syndrome, a high functioning form of autism - being walked to a police car with two officers at her side. "She started screaming 'Mommy, I don't want to go! What are batteries? What are batteries?'" Towry said. "She didn't even know what she was arrested for."

Towry, who lives in Ponderay, said Evelyn told her that she had been refused entry into a school Christmas party that had been delayed until after the holidays because of a string of snow days, because she refused to take off her beloved "cow costume" - a hoodie with cow ears and a tail.

Towry said Evelyn... told her she was put in a separate classroom away from the party, but when she tried to leave, the teachers told her to stay put. Evelyn did not listen, Towry said, and the adults physically restrained her...

February 02, 2009

A day in the life of a public defender - Advocating for the indigent in rural MinnesotaJudge Richard Posner... once wrote, “[a] bare-bones system for the defense of indigent criminal defendants may be optimal.” How pleased he would have been watching me practice on that day...

Light a candle for the colleagues in Ciudad Juarez. From the Washington Post:

Defense Attorneys In Lawless Juarez Besieged on All Sides - 'This Is Nothing Like Before. I Don't Even Take Narco Cases. Not Anymore.'The Mexican criminal defense attorney Salvador Urbina... no longer sleeps in the city where he practices law. It is far too dangerous. He now spends his nights across the border in a bland suburb of El Paso and commutes to the deadliest city in Mexico each morning. After he began receiving death threats, Urbina got his family out...